STAND. COM. REP. NO. 429

Honolulu, Hawaii

RE:    S.B. No. 276

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 276 entitled:

"A BILL FOR AN ACT RELATING TO JUDGES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Change the composition of judges of the Intermediate Appellate Court, circuit courts, district courts, and family courts; and

     (2)  Make housekeeping amendments to the laws relating to the composition of judges of the Intermediate Appellate Court, circuit courts, district courts, and family courts.

     Your Committee received testimony in opposition to this measure from the Judiciary, Hawaii State Bar Association, and one individual.

     Your Committee finds that this measure updates the language of the laws relating to the composition of judges of the Intermediate Appellate Court, circuit courts, district courts, and family courts.  Your Committee notes the concerns regarding how changing the composition of judges in the various courts will impact court operations and budgetary needs.  Your Committee further notes that S.B. No. 469, Regular Session of 2017, as amended, creates and requests potential funding for one district court judge position for the second circuit and that the creation of this potential position would require an amendment to section 604-1, Hawaii Revised Statutes, to implement.

     Accordingly, your Committee has amended this measure by:

     (1)  Reinstating the number of judges of the Intermediate Appellate Court, circuit courts, district courts, and family courts;

     (2)  Increasing the number of judges of the district court of the second circuit from three to four judges; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 276, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 276, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair